Usage Terms & Conditions

Acceptance of Terms

Welcome to the AumTea website (“Website”). AumTea provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any AumTea service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither AumTea its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. AumTea will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Product Descriptions

AumTea and its related bodies corporate attempt to be as accurate as possible in the description of products. However, AumTea does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Limitation of Liability

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision by AumTea of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). AumTea does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) AumTea and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) AumTea does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) AumTea does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not AumTea) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of AumTea) will AumTea or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that AumTea does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, AumTea‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of AumTea, to the following:

in the case of services supplied or offered by AumTea, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

in the case of goods supplied or offered by AumTea, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and hold harmlessAumTea and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of AumTea or the appropriate supplier or licensor of AumTea.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this web site is the property of AumTea or its software suppliers and is protected by Australian and international copyright laws.

Trademarks

The AumTea logo and the logos of the AumTea products are registered trademarks of AumTea or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.

Your Account, Membership and/or Registration

In consideration of your use of the Website, you agree to:
provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or AumTea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AumTea has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications and Your Conduct

When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to AumTea, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

restrict or inhibit any other user from using or enjoying any Communication Facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

post or transmit any material of any kind which contains a virus or other harmful component; post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;

delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

AumTea may from time to time monitor or review the contents of its Communication Facilities. While AumTea reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in AumTea’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, AumTea has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is AumTea responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

AumTea reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Contributions

AumTea may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and AumTea disclaims any and all liability in connection with Contributions. AumTea assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. AumTea is under no obligation to treat your Contribution as confidential.

AumTea may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

User Licence To AumTea

By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to AumTea and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:

use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of AumTea and any other party authorised by AumTea all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of AumTea, you will execute and deliver to AumTea such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Online Security

At AumTea we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

AumTea will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

If you’re making an online purchase from AumTea and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'

Please REPORT any suspicious activity to us immediately.

Risk Of Loss

All items purchased from AumTea are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

GST

Unless stated to be otherwise, charges referred to for use of any services or purchase of any product provided by AumTea are GST inclusive. AumTea will issue a Tax Invoice for all purchases. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.

Third party links and advertising

Hyperlinks and pointers to web sites operated by third parties will appear on AumTea from time to time. These web sites do not form part of the Website and are not under the control of AumTea or its related bodies corporate and neither AumTea nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by AumTea or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on the Website, including via email, AumTea accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Errors And Omissions

AumTea endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Delivery

In rural and regional areas of Australia, delivery times for Express Parcel Services are in respect of delivery to the Post Office of the principal township in that area. Delivery to final destinations may take longer. If in doubt please check with your local Post Office.

Returns

AumTea will accept returns in accordance with Victorian and Australian law. Returns are also accepted with prior approval from AumTea where a return authority number will be issued and must be with 30 days of invoice. The item must be unused and the packaging in new condition.

Repairs and Warranties

If a product is faulty please contact us immediately so as to authorize a repair or replacement. If an item arrives and is faulty on arrival please contact us within 14 days so we can arrange a replacement or repair.

AumTea Tea Society Terms and Conditions

1. Introduction

1.1 These Terms and Conditions form the basis of the Tea Society. They are intended to protect both Members and AumTea. It is the Member’s responsibility to read and understand them.

1.2 These Terms and Conditions are effective as at the date specified above and are available from the Website. Any material amendments to these Terms and Conditions will be notified to Members in accordance with clause 3.2.

1.3 An applicant wishing to join the Tea Society will be provided with an email which will provide an overview of the Benefits of joining the Tea Society and which will direct the applicant to the Website for a copy of these Terms and Conditions.

1.4 Every Member is bound by these Terms and Conditions.

2. Definitions and Interpretation

In these Terms and Conditions, the following definitions and interpretations apply:

2.1 Words importing the singular number include the plural and vice-versa and words importing any gender include all other genders.

2.2 Headings are for reference only and shall not affect the construction of these Terms and Conditions.

2.3 The following words shall have meaning given to them:

“Accepted Payment Card” means one of the credit cards, charge cards or debit cards which a Member must use to make a payment, or such other form of payment as approved by AumTea from time to time.

“Benefits” means any discount, service or arrangement offered or available to a Member as a result of membership in the Tea Society subject to showing a photo ID, including (but not limited to) invitations to Tea Society events, exclusive Member offers, complimentary samples, a free cup of tea on your birthday week etc.

“Loyalty Membership Number” means the number assigned to a Member’s Membership by AumTea pursuant to clause 5.9.

“Member” means an individual who is a member of the Tea Society.

“Membership” means membership of the Tea Society.

“Membership Level” means a level of membership of the Tea Society, as described in clause 12.

“Password” means the personal identification number which is issued to the Member by AumTea or nominated by the Member and accepted by AumTea (whichever is applicable) pursuant to clause 5.9.

“Taxes” means the goods and services tax or similar value added tax levied or imposed in the jurisdiction of Australia as applicable, pursuant to the prevailing tax law(s) of the jurisdiction at the time.

“AumTea Gift Card” means a gift card, issued by AumTea, which has been loaded with credit for a certain monetary value.

“Tea Society” means the loyalty program operated by AumTea;

“Tea Society Members” means Members on the Tea Society Level.

“Terms and Conditions” means these Terms and Conditions between AumTea and each Member, as amended by AumTea from time to time.

“Website” means www.AumTeatea.com.au.

3. Changes to the Tea Society

3.1 Subject to clause 3.2, AumTea reserves the right to make any amendments (whether material or otherwise) to the Tea Society, these Terms and Conditions and any Benefits offered, including amendments to Benefits including the continued availability of Benefits;

3.2 AumTea will use all reasonable efforts to advise Members of material amendments to these Terms and Conditions and where such changes will affect the Benefits provided by AumTea to Members, AumTea will endeavor to give Members at least 4 weeks’ notice.

3.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if AumTea notifies Members of the amendments by: (a) providing notice at the email address or postal address provided to AumTea by the Member;

4. Termination or suspension of the Tea Society

4.1 AumTea gives no warranty as to the continuing availability of the Tea Society and may terminate or suspend the Tea Society at any time. AumTea will give at least 30 days’ notice to Members of such termination or suspension, in the manner set out in clause 3.3, unless AumTea ceases to operate a retail business in which case the Tea Society will cease immediately.

4.2 If AumTea terminates or suspends the Tea Society and it ceases to operate a retail business, AumTea may terminate or cancel any Benefits immediately and without notice or liability to Members.

5. Membership

5.1 Membership of the Tea Society is only open to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.

5.2 Persons wishing to become Members must apply for Membership by completing a Membership application form, either in a AumTea store or via the Website.

5.3 Membership is offered at the sole discretion of AumTea. AumTea has the right to accept or reject any application for Membership without providing any reasons to the applicant.

5.4 AumTea has the right to terminate the Membership of any Member in accordance with clause 8.

5.5 Members may cancel their Membership at any time by logging into their customer account and using the ‘delete function’ . Deleting an account is irreversible and includes the loss of all your data. Using the same email address to re-join Tea Society will not facilitate another 10% discount.

5.6 A Member may not hold more than 1 Membership at any time.

5.7 An applicant who completes a Membership application in a AumTea store will be sent an introductory email which will provide an overview of the Benefits of joining the Tea Society and which will direct the applicant to the Website for a copy of these Terms and Conditions.

5.8 An applicant who completes a Membership application form via the Website will receive a personalised email, which will provide an overview of the Benefits of joining the Tea Society and which will direct the applicant to the Website for a copy of these Terms & Conditions.

5.9 All successful applicants will be assigned a Loyalty Membership Number and a Password. The Password, Loyalty Membership Number, Member’s first and surname and the Member’s email address will be used for security of the Member’s Membership information. It is the Member’s responsibility to ensure that their Password and other security information are kept secure.

5.10 Members must advise AumTea of any change of name, address or other details, as soon as practicable after such change occurs, by either logging into their account via the Website and making the changes directly. AumTea is not responsible for loss caused by any failure by a Member to notify AumTea of any changes in accordance with this clause or for any incorrect information notified to AumTea.

6. Use of Membership

6.1 By using the Loyalty Membership Number or by claiming any Benefit, the Member agrees to be bound by these Terms and Conditions and provides the consents specified in clause 13 relating to personal information.

6.2 The Loyalty Membership Number and Password are valid for use only by the Member and are not transferable in any circumstances. If the Member is notified of a validity period of the Loyalty Membership Number and/or Password, the Loyalty Membership Number and/or Password may only be used and will only be valid during such period.

6.3 In the event of the loss, theft or unauthorised use of a Member’s Loyalty Membership Number or Password, it is the Member’s responsibility to notify AumTea in writing as soon as possible. The Member is liable for all use of the Loyalty Membership Number or Password until AumTea is notified in writing of the loss, theft or unauthorised use.

7. Member Obligations

7.1 Members must not:

(a) act in any way which breaches these Terms and Conditions; (b) abuse or misuse the Tea Society, Benefits, facilities, services or arrangements provided to the Member as a result of membership including by: (i) engaging in illegal or fraudulent activities; (ii) supplying or attempting to supply false or misleading information; (iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Benefit other than in accordance with these Terms and Conditions; or (iv) acting in a hostile, abusive or aggressive manner toward AumTea staff or fellow customers of AumTea.

7.2 Members are responsible for regularly checking their Membership account via the Website and must notify AumTea of any omissions, incorrect entries or other discrepancies within 60 days of the omission, incorrect entry or other discrepancy having occurred to enable AumTea to make any corrections (if required) to the Membership account.

8. Termination or suspension of Membership

8.1 If a Member has committed a material breach of any of these Terms and Conditions, whether intentionally or otherwise, AumTea may take any one or more of the following actions:

(a) suspend or terminate the Member’s Membership; (b) cancel or refuse to honour any Benefits that have been redeemed by or provided to the Member.

8.2 If AumTea intends to take any of the actions specified in clause 8.1, AumTea will provide written notification to the Member of its intentions and reasons for doing so. The Member will have 21 days to respond to this notice by rectifying the breach (if possible) and by providing AumTea with reasons why AumTea should not take such action. AumTea will review the Member’s response and advise the Member of its decision and may suspend the Member’s account until the review is complete.

8.3 Membership will terminate automatically upon the death of a Member and Benefits earned by that Member but not redeemed prior to death will be automatically cancelled. AumTea will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

9. Personal Information

9.1 The Member consents and authorises AumTea to collect, use and disclose the information that AumTea collects in relation to the Member for the purposes of:

(a) AumTea providing goods and services to Members, including providing Benefits; (c) AumTea marketing its goods and services or the goods and services of selected third parties; (d) any third party providing services to AumTea in connection with the administration of the Tea Society.

This information may be transferred between Australia, New Zealand, United States of America, France and/or the United Kingdom for these purposes. If all or any part of the requested information is not provided by the Member, the services provided to that Member by AumTea may be affected.

9.2 If a Member requests, and to the extent permitted or required by law, AumTea will provide that Member with access to and the ability to correct their personal information held by AumTea by writing to AumTea’s address, noted above in these terms and conditions. Only the Member named on the Membership will be entitled to access Membership information.

9.3 This clause 9 survives the termination of these Terms and Conditions and the termination or suspension of the Tea Society.

9.4 Further information regarding AumTea’ privacy practices are available by viewing or downloading AumTea’s privacy policy on the Website.

10. Liability

10.1 AumTea acknowledges that certain laws imply terms, conditions and warranties into contracts for the supply of goods or services which can not be excluded.

10.2 Subject to clause 14.1, to the extent permitted by law AumTea and any of its officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, indirect, consequential or economic loss or loss of profits) arising under or in connection with these Terms and Conditions or the Tea Society, including, without limitation, any changes to these Terms and Conditions or Tea Society, save to the extent that such loss or claim arises from the negligence or wilful misconduct of AumTea or any of its officers, employees or agents.

11. General Provisions

11.1 These Terms and Conditions and Membership are governed by and will be construed in accordance with the applicable law in the State of Victoria, Australia, irrespective of where the application for Membership was completed by the Member or submitted to AumTea. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member irrevocably submits to the authority of the Courts having jurisdiction in the State of Victoria, Australia.

11.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded including the Competition and Consumer Act 2010(Cth).

11.3 If part of all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining clauses in these Terms and Conditions will continue to have full force and effect.

12. Promotion

Show your student ID to receive 10% off tea and tea packs* until the offer is cancelled. The discount is available on full priced goods sold in-store at AumTea Stores and AumTea Brew Bars and is only available to Tea Society members (excluding online store and wholesale orders). The discount may not be used to purchase gift cards or tea packs that include tea wares.

To redeem the discount, customers must show a valid student ID card (student concession card, tertiary student ID, school student ID) at the checkout in-store. AumTea reserves the right to refuse any student ID that it deems to be invalid or fraudulent. The discount may not be exchanged for cash and is non-transferrable. The discount cannot be used in conjunction with any other offer (including Team Discount). AumTea reserves the right to cancel this offer at any time.

10% off first purchase offer is valid to new members joining Tea Society from Thursday 23 August 2018. Offer available in-store and online. 10% discount will be applied automatically to a customer’s checkout online, or at the point of sale in store. Discount can only be used on a customer’s first transaction. New recipients must register to become a Tea Society member to redeem the offer. Recipients must be logged into their account in order to redeem the offer online. Excludes gift cards and AumTea Tea Subscription. Cannot be used in conjunction with any other offer.

Subscription Membership Terms (Australia)

1. Sale of Products and Subscription Memberships

1.1 AumTea (‘AumTea’) sells tea and tea related products (the “Product(s)”) to end-user customers in Australia (“Members”), including

(a) Ongoing subscription memberships for subscription boxes with Products (“Subscription Membership”); and

(b) Memberships purchased for other persons (“Gift Recipients”) as a gift who will receive a subscription box with Products (“Gift Membership”).

(Together: “Memberships”)

1.2 Memberships can be purchased for either a 12 month period or ongoing for recurring 12 months periods.

1.3 Products are only for Members’ and Gift Recipients’ own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

1.4 AumTea reserves the right, in its absolute discretion, to withdraw or modify any Products or Memberships without prior notice and with no liability, where it is lawful to do so.

2. Placing an Order

2.1 To place an order for Memberships, you must first become AumTea Tea Society member and you will need to provide some personal information on registering—please see our Privacy Policy for information on how we use your information. The AumTea Tea Society Terms and Conditions apply to your AumTea Tea Society membership.

2.2 Once you have become a AumTea Tea Society Member, you will be able to order Memberships from us. You submit your order in the online store on the AumTea website (please note that your Membership may be a recurring subscription as set out in these Terms). You should check your order and the information provided about your Membership carefully before you submit your order.

2.3 For technical reasons you can only submit an order with one (1) single Membership in your shopping basket. No other discounts, coupons or vouchers can be used for a Membership.

2.4 Our acceptance of your order will take place only when we have received payment from you.

2.5 You will be sent a ‘joining email’ at the time of submitting your Subscription order.

2.6 We will contact you if your order is not accepted. This will usually be because (a) the Membership you have ordered is unavailable; (b) we cannot authorize your payment; (c) there has been a mistake in the pricing or description of the Membership you have ordered.

2.7 If any problems arise with your order, or with the shipping address or payment, and AumTea is unable to resolve the problem, we may notify you via email using the email address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to deliver future subscription boxes with Products until the problem has been resolved.

3. Products, Membership Pricing and Payment

3.1 The content of our subscription boxes is designed and determined by our product team each quarter and we reserve the right to change the box contents at any time as required. You cannot customise the contents of the subscription boxes.

3.2 The price that we will charge you for the Memberships depends on the Membership you choose and will include delivery costs.

3.3 You must pay the Membership price by credit card. Other form of payment cannot be accepted.

3.4 Payment for the first subscription box ordered by you will be authorised against your nominated credit card at the time you place your order. Your credit card will be charged when the subscription box is dispatched and a confirmation email containing the invoice will be sent. For subsequent quarterly subscription boxes, a reminder email will be sent three (3) business days prior to the scheduled delivery date to the Member.

3.5 We reserve the right to change prices for Subscription Memberships at any time (with notice to you), and, unless otherwise required by applicable law, we do not provide price protection or refunds in the event of promotions or price decreases. If you do not wish to continue to receive the relevant membership at the increased price, then you must cancel the membership in accordance with these membership terms. Unless you cancel your membership you will be charged the increased price for the subscription boxes delivered after the date on which the price change takes effect.

3.6 Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of all GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

4. Membership Term

4.1 Automatic renewal of recurring Subscription Memberships

(a) A recurring Membership will automatically renew at the end of each 12 month term and charge your credit card for the next subscription box unless you or AumTea cancel the Membership in accordance with these AumTea Membership Terms.

(b) Your Credit Card will be charged at least one full business day prior to your next subscription box shipping date. You authorize this renewal by agreeing to the automatic renewal of your Membership and these Membership Terms by accepting these Membership Terms.

4.2 Membership with 12 months term

(a) The term of a 12 months Membership ends automatically after four (4) subscription boxes have been delivered during the 12 month term, unless it is cancelled earlier by AumTea in accordance with the terms of these Membership Terms.

5. Cancellation of Memberships

5.1 Cancellation of Memberships by AumTea We may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within thirty (30) days of us reminding you that payment is due. We reserve the right to not ship any subscription boxes to you unless your payment for those subscription boxes has been received. We may also cancel your Membership at any time if any of the following conditions are met:

(a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to deliver the subscription boxes, for example, your correct postal address;

(b) if you do not, within a reasonable time, allow us to deliver the subscription boxes to you; or

(c) if we suspect that a purchase was fraudulently made or an account was fraudulently set up.

5.2 Cancellation of Subscription Memberships by You

(a) You may cancel your Subscription Membership at any time by logging on to the AumTea website. To cancel a Subscription Membership, please log in to your account and select the ‘My Subscription’ link, then follow instructions towards cancellation.

(b) Cancellations of Subscription Memberships submitted in this manner must be received no later than on the last business day of the calendar month prior to the due date for the delivery of your next subscription box. Cancellations received after that date shall take effect the following month.

5.3 Cancellation of 12 month Memberships by You

(a) You cannot cancel a 12 month Membership unless AumTea has materially breached these AumTea Membership Terms. If you cancel your 12 month Membership before the end of the 12 month term, you will enjoy your Membership benefits until the end of the then-current 12 months Membership term. To the maximum extent permitted by applicable law, you must pay for the Membership until the end of the 12 month term and you will not be eligible for a prorated refund of any portion of the price of the Membership for any unused days of the then-current Membership term.

6. Delivery of subscription boxes

Shipping will be by standard delivery service (i.e. not express). You must ensure that the shipping address provided to us is correct.

7. Returns

If you are dissatisfied with any of our Products for any reason. If we ask you to do so, you must return the Product(s) in accordance with the instructions which we give you. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

8. Payment

8.1 Your Credit Card will be charged at least one full business day prior to your next subscription box shipping date. We will charge your Credit Card with the applicable recurring cost of your Membership Price. You authorize this renewal by agreeing to the automatic renewal of your Membership and these Terms during the Member sign-up process.

8.2 To avoid being charged, you must cancel your Membership in accordance with these Membership Terms.

9. General

9.1 These Terms and Conditions and Membership are governed by and will be construed in accordance with the applicable law in the State of Victoria, Australia, irrespective of where the application for Membership was completed by the Member or submitted to AumTea. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership, the Member irrevocably submits to the authority of the Courts having jurisdiction in the State of Victoria, Australia.

9.2 The benefits and limitations set out in these Subscription Membership Terms are in addition to all other rights and remedies that you have under applicable law and do not limit, exclude or restrict your rights which cannot be limited, excluded or restricted under applicable law, including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth). Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded including the Competition and Consumer Act 2010 (Cth).

9.3 If part of all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining clauses in these Terms and Conditions will continue to have full force and effect